Puspa Rani Maity v. State Of West Bengal And ORS.
D/L- 6 17/11/2025 Ct. No.-19 Aritra WPA 25348 of 2025 Ms. Puspa Rani Maity Vs.
The State of West Bengal & Ors.
Mr. Subhas Jana ....for the petitioner Mr. Rakesh Singh ....for the State Affidavit of service filed in Court today is taken on record.
The learned advocate appearing for the petitioner submits that the private respondents have been duly served.
In spite of service none appears for the private respondents to oppose the prayer in the writ petition. Petitioner claims to be the owner of L.R. Plot No.12 of Mouza-Chaulda, J.L. No.113 under Police Station-Egra in the District of Purba Medinipur. Petitioner states that there is a PWD road namely, Egra Ramnagar via Paniparul High Road adjacent to the property of the petitioner. The petitioner alleges that the private respondents have made an illegal construction on the PWD road in front of the property of the petitioner thereby causing obstruction to the ingress and egress of the petitioner from his property to the PWD road. Petitioner submitted a representation before various authorities.
The learned advocate appearing for the petitioner submits that in spite of receipt of the said representation the respondent authorities have not taken any steps to remove the encroachment from the PWD road.
The learned advocate appearing for the State submits that immediately upon receipt of the said representation the concerned Assistant Engineer has requested the concerned Block Land and Land Reforms Officer to demarcate the government land in front of the property of the petitioner alongside the Egra Ramnagar road. He submits that in the event any encroachment on the PWD road is found steps in accordance with law shall be taken by the concerned authority.
Petitioner alleges encroachment on PWD road thereby causing obstruction to the ingress and egress to his property from the PWD road.
The Assistant Engineer has also requested the concerned Block Land & Land Reforms Officer to demarcate the roadside government land in front of the plot of the petitioner.
The Block Land & Land Reforms Officer, Egra-I is directed to complete the demarcation process within a period of 4 weeks from the date of receipt of a server copy of this order. Immediately upon receipt of the report from the concerned Block Land & Land Reforms Officer and if it is found that there has been an encroachment on PWD road, the Assistant Engineer, Public Works Department
(Roads), Contai Highway Sub-Division being the respondent No.4 shall take steps in accordance with Section 10 of the West Bengal Highways Act, 1964 and conclude the entire exercise as expeditiously as possible but positively within a period of 4 weeks from the receipt of the report from the concerned Block Land & Land Reforms Officer. The Assistant Engineer shall communicate its reasoned order to the petitioner and any other affected parties immediately thereafter.
In the event, the Assistant Engineer comes to a finding that there has been no encroachment such decision shall also be communicated to the petitioner immediately thereafter.
With the above observations and directions WPA 25348 of 2025 stands disposed of.
There will be no order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)